Legal Question in Wills and Trusts in California
non-disclosure of persons on will
My Aunt's boyfriend of 19 yrs passed on and according to his daughters, whom did not approve of their relationship, told her she was left absolutely nothing in the Will. Is there any way that she could have been lied to and is there any way to find out if this is true? Is there a way to find out if her name was in fact included, but never disclosed?
2 Answers from Attorneys
Re: non-disclosure of persons on will
If there was a will, it must be filed with the court in the county where the decedent lived at the time of death. It is then public record that anyone can see.
Re: non-disclosure of persons on will
Yes, she could have been lied to, but it's unlikely, unless the will was never lodged with the court. For example, if a will existed and they claimed one did not. However, if there was a will, it should have been presented to the court in the county in which your aunt's boyfriend passed away. If her name appeared in the will she would receive notice of any proceedings related to the probate. Check with the clerk of the court to see if a probate was initiated and the will lodged. You can check on-line in some county courts, but I suspect you will have to go into the Amador County court to view the file.
Good luck.
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